Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Law- Paper 2 section B > Private nuisance > Flashcards

Private nuisance Flashcards

You may prefer our related Brainscape-certified flashcards:
MBE flashcards MPRE flashcards Civil Procedure 1L flashcards
1
Q

What is meant by private nuisance

A

An unlawful interference for a substantial length of time with a person’s right to enjoy or use his land
in a reasonable way

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What is the 4 part test for private nuisance

A

Right to claim, who is the defendant, interference and unlawfulness

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Who has a right to claim in private nuisance

A

Someone with a legal interest in the effected land, such as an owner or tenant

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What is the case for who can claim in private nuisance

A

Hunter v Canary wharf

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Who can be claimed against (the defendant) in private nuisance

A

The creator of the nuisance or if the land owner of the land is a different person they can also be the defendant if they adopt or continue the activities of the creator

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What case would you use for the creator of the nuisance being the defendant in private nuisance

A

Tetley v ChittyWhat

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What case would you use for the occupier being the defendant even if they didn’t create the nuisance but adopted or continued the creators acts in private nuisance

A

Sedleigh Denfield v O’VCallaghan

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What are the 2 things that an interference must form

A

Physical damage or loss of amenity

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What is meant by physical damage under interference in private nuisance

A

Things such as gases, oils, drains and vibrations causing damage to Cs property, not personal injury

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What is meant by loss of amenity under interference in private nuisance

A

Cs ability to use or enjoy their land is restricted by the activities of the defendant

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What is meant by unlawfulness in private nuisance

A

Whether the nuisance interferes with ordinary existence so whether the impact on the claimant is so unreasonable that they should not have to put up with it

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Why is nuisance a variable standard

A

As it depends what activities are occurring and where to decide whether or not they are unlawful

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What are the 5 factors that the court will consider under unlawfulness

A

Locality, duration, sensitivity, social utility and malic

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What is meant by locality as a factor of unlawfulness of private nuisance

A

Whether or not the activity is suitable for the area, more industrial zones are better suited for some activities then residential areas

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

When is locality irrelevant in private nuisance

A

When there has been physical damage

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What case would you use for locality as a factor of unlawfulness in private nuisance

A

Halsey v Esso

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

What is meant by duration as a factor of unlawfulness of private nuisance

A

The more often something happens, the more likely it is to become nuisance, however in the right circumstances a one off is enough

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What case would you use for duration as a factor of unlawfulness in private nuisance

A

Spicer v Smee

19
Q

What is meant by sensitivity as a factor of unlawfulness of private nuisance

A

If the claimant is using his property for an extra sensitive use they are not entitled to sue in circumstance where a reasonable use would not need protection

20
Q

What case would you use for sensitivity as a factor of unlawfulness in private nuisance

A

Robinson v Kilvert

21
Q

What is meant by social utility as a factor of unlawfulness of private nuisance

A

The usefulness to society of Ds conduct has a bearing on whether it is reasonable for the claimant to have to put up with it, if it is considered he is providing a benefit to the community then the court may consider the actions reasonable

22
Q

What case would you use for social utility as a factor of unlawfulness in private nuisance

A

Miller v Jackson

23
Q

What is meant by malice as a factor of unlawfulness of private nuisance

A

If D deliberately does something purely to annoy the C, the Ds malice can make something unlawful which may not have otherwise been a nuisance

24
Q

What case would you use for malice as a factor of unlawfulness in private nuisance

A

Christie v Davey

25
Q

What are the 2 defences that can be used in private nuisance

A

Statutory authority and prescription

26
Q

What is meant by statutory authority as a defence under private nuisance

A

Nuisance is created by a public body acting under a legislative duty or power as long as it is not being carried out negligently

27
Q

What is a case that would be used for statutory authority as a defence in private nuisance

A

Allen v Gulf oil

28
Q

What is meant by prescription as a defence under private nuisance

A

If the action has been carried out for at least 20 years, and there has been no complaint between the parties at that time then the D has a prescriptive right to continue

29
Q

What case would you use for prescription as a defence under private nuisance

A

Struges v Bridgeman

30
Q

What are non defences in private nuisance

A

Defences that cannot be used in order to support the defendants case

31
Q

What is an example of a non defence in private nuisance

A

The defendant cannot state that the claimant new about the nuisance and moved anyway

32
Q

What case would you use for non defences in private nuisance

A

Struges v Bridgeman

33
Q

What are the 3 remedies that can be given out for private nuisance

A

Injunctions, damages or abatement

34
Q

What are injections under private nuisance as a remedy

A

Prohibits or controls an activity, an injunction will not be granted for trivial matters or where it is public interest not to do so

35
Q

What is a case that we would use for an injunction as a remedy in private nuisance

A

Miller v Jackson

36
Q

What are damages as a remedy in private nuisance

A

Payment made for any damage caused

37
Q

What are the 2 types of damages that can be given in private nuisance

A

Loss of use and physical damage

38
Q

What is loss of use under damages in remedies for private nuisance

A

Damages are equal to the loss in value to the land

39
Q

What case would you use for loss of use under damages in remedies for private nuisance

A

Hunter v Canary wharf

40
Q

What are physical damages under damages in remedies for private nuisance

A

Damages awarded for consequential damage such as land, plants, buildings and goods

41
Q

What must the damage be in order to claim damages as a remedy in private nuisance

A

Reasonably foreseeable

42
Q

What case states damage must be reasonably foreseeable in order to gain damages under private nuisance

A

Wagon mound no.2

43
Q

What is abatement as a remedy under private nuisance

A

Self help remedy and it means the C has the right to take reasonable steps to deal with the nuisance themselves

44
Q

What case would you use for abatement as a remedy for private nuisance

A

Lemmon v Webb

Law- Paper 2 section B (6 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions